MSPs vote to abolish Scotland's controversial not proven verdict

1 month ago 14

MSPs person voted to abolish Scotland's arguable not proven verdict.

The Scottish government's flagship Victims, Witnesses and Justice Reform (Scotland) Bill was passed connected Wednesday pursuing a lengthy statement of much than 160 amendments that began the time before.

The caller authorities makes a bid of changes to the justness system, including scrapping the not proven verdict; establishing a specializer intersexual offences court; creating a victims and witnesses commissioner; reforming the assemblage process to necessitate a two-thirds bulk for conviction; and implementing Suzanne's Law which volition necessitate the parole committee to instrumentality into relationship if a slayer continues to garbage to uncover wherever they hid their victim's body.

Following Royal Assent, the authorities volition beryllium implemented successful phases.

 PA

Image: Justice Secretary Angela Constance and First Minister John Swinney. Pic: PA

Justice Secretary Angela Constance said: "This historical authorities volition enactment victims and witnesses astatine the bosom of a modern and just justness system.

"By changing culture, process and signifier crossed the system, it volition assistance to guarantee victims are heard, supported, protected and treated with compassion, portion the rights of the accused volition proceed to beryllium safeguarded.

"This legislation, which builds connected advancement successful caller years, has been shaped by the voices of victims, survivors, their families and enactment organisations, and it is grounds to their tireless efforts to run for further improvement.

"I americium grateful to those who bravely shared their experiences to pass the improvement of this authorities and pave a better, much compassionate way for others."

Not proven verdict

Currently, juries successful Scotland person 3 verdicts unfastened to them erstwhile considering the grounds aft a trial, and tin find an accused idiosyncratic either blameworthy oregon not guilty, oregon that the lawsuit against them is not proven.

Like not guilty, the centuries-old not proven verdict results successful an accused idiosyncratic being acquitted.

Critics person argued it tin stigmatise a suspect by appearing not to wide them, portion failing to supply closure for the alleged victim.

Victim Support Scotland (VSS) had earlier urged MSPs to enactment speech enactment authorities and ballot "for the volition of the bill".

Kate Wallace, main enforcement of VSS, believes the enactment is simply a "solid foundation" connected which to physique further improvements.

She added: "The passing of this enactment represents a momentous juncture for Scotland's transgression justness system.

"It marks a important measurement towards creating a strategy that considers and prioritises the needs of radical impacted by crime."

VSS worked with the families of Arlene Fraser and Suzanne Pilley to spearhead Suzanne's Law.

Ms Fraser was murdered by estranged hubby Nat Fraser successful 1998, portion Ms Pilley was killed by David Gilroy successful 2010. To date, the women's bodies person ne'er been recovered.

Before the bill, parole committee rules dictated that a killer's refusal to disclose the accusation "may" beryllium taken into account.

The caller authorities means parole boards "must" instrumentality the refusal to cooperate into account.

 PA

Image: (L-R) Suzanne's Law campaigners Isabelle Thompson and Carol Gillies, the mum and sister of Arlene Fraser, alongside Gail Fairgrieve and Sylvia Pilley, the sister and mum of Suzanne Pilley. Pic: PA

Carol Gillies, sister of Ms Fraser, and Gail Fairgrieve, sister of Ms Pilley said: "We person done everything imaginable to marque this alteration to parole successful representation of Arlene and Suzanne, and for different radical who person mislaid their lives successful specified a horrific way.

"For our families, the passing of this enactment and the alteration to parole are momentous."

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The Scottish Conservatives and Scottish Labour voted against the bill.

Although successful enactment of the abolition of the not proven verdict, the Scottish Tories said they had been near with nary alternate but to reason the measure aft the SNP rejected a bid of amendments.

The enactment had called for a Scotland-only grooming gangs inquiry; wanted victims to beryllium told if a determination was taken not to prosecute an accused; and for each victims to beryllium informed if a plea woody was struck betwixt defence and prosecution lawyers.

They besides wanted Suzanne's Law to beryllium strengthened, which would person compelled killers to uncover the determination of their victim's assemblage oregon hazard having their parole rejected - ensuring "no body, nary release".

MSP Liam Kerr, shadiness justness secretary, said: "This half-baked measure sells the victims of transgression desperately short.

"By ignoring galore of the cardinal demands of victims' groups, the SNP person squandered the accidental for a agelong overdue rebalancing of Scotland's justness system.

"The Scottish Conservatives' communal consciousness amendments would person fixed this authorities existent teeth but, by rejecting them, the nationalists person delivered a victims' measure successful sanction only.

"While we backmost the abolition of the not proven verdict, the SNP's intransigence connected a fig of cardinal issues meant we could not enactment this measure successful its last form."

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